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Taking away my points.

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3 years 2 months ago #265645 by Natalie
Replied by Natalie on topic Taking away my points.
It’s happened to me got awarded more points awarded at tribunal then 14 months later got a review form should of been a new claim form went for the assessment got downgraded because they looked at an old assessment report that was overturned at the tribunal and nowhere did it mention that I had even been to a tribunal and they didn’t have any new evidence or anything. And also the tribunal award had an end date of December 2019 but they sent out the review form in December 2018. So they knew what they was doing and they got away with it because o really couldn’t be arsed at that time with fighting them. So I can relate to this thread.
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3 years 2 months ago #265659 by LL26
Replied by LL26 on topic Taking away my points.
Hi Judy,
You may wish to look up
regulation 26 of the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations 2013
I said "new' law, it isn't actually that new but is certainly newer than the previous regulations about Supersessions.

You may wish to know that on Monday I was helping a client at her tribunal. This lady had been in standard rate of DL and Mob since 2017, until this was superseded in February. The assessor decided to award zero points. Very much like in your case, the clients arthritis and mental health problems had apparently totally disappeared if you were to believe the assessor. If course this hadn't happened.
I know it feels daunting, but by methodically going through the assessment, but concentrating on the major errors the tribunal could clearly understand that not only was the assessor wrong, the client actually deserved enhanced rate of both components.
Never give up. You can do this and get you PIP award again.
Good luck.
LL26

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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3 years 2 months ago #265698 by Judy
Replied by Judy on topic Taking away my points.
Well I have started the process of a Tribunal, I am doing it online. Never done it this way before so it's all new to me, have been able to fill half of it out, but had to rest. Anyone else gone this route? And can give me any tips please?
Also..........how do you send extra evidence to them please? I am not computer savvy so have no idea how to do that. Thank you for all the help.

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3 years 2 months ago #265719 by Judy
Replied by Judy on topic Taking away my points.
Well that's my online Tribunal appeal started.

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3 years 2 months ago #265722 by Gary
Replied by Gary on topic Taking away my points.
Hi Judy

I did one a few weeks ago, I find it easier to write your submission in a word doc first and then copy and paste it on to the form, you can also up load any docs at the end.

I usually give an overview of the clients condition, supported with documentary evidence.

I then go through the report, I write down what the assessor has given for the description and points scored. I then write down what points I believe should have been reported and why, try and fit it with any supported documents. If you agree with the assessors description then say so, work yourself through all the descriptors.

At the end total up the points you believe should have been reported for each component
Daily Living : 15 points
Mobility : 10 points

Gary

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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2 years 6 months ago #272118 by Chrystal
Replied by Chrystal on topic Taking away my points.
Sorry. Can see this is an old thread , did you literally just get a letter one morning removing points or was this part of a review, I ask as I have recently started Caring like you, and this really worries me

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